APHC010479972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Tuesday, the Twenty Third day of September, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Civil Revision Petition No: 2346 of 2025 Between: Boini Venkata Ram Naresh Yadav and others ...Petitioners and Iskala Prasanna ...Respondent Counsel for the petitioners: 1. P. Subash Counsel for the respondent: Nil The Court made the following: 2 C.R.P.No.2346 of 2025 ORDER: This civil revision petition is filed under Article 227 of the Constitution of India against the order dated 06.08.2025 dismissing I.A.No.902 of 2025 in O.S.No.25 of 2021, on the file of the Court of Principal District Judge, Kurnool, filed by the defendants under Order VI, Rule 17 of C.P.C. read with Rule 28 of A.P. Civil Rules of Practice seeking following amendments: “(I) After para (5) add (6) However, Since the husband of the plaintiff – Golla Rahavendra Yadav, during his life time, had demanded and collected a cash sum of Rs.18,00,000/- from this defendant, towards the cost of his half share in the schedule property, on 31.12.2019, by executing a relinquishment agreement dated 31.12.2019, in favour of this respondent, forgoing his half share in the suit schedule property, this defendant is advised to seek a counter claim of declaration that the plaintiff is not entitled to any share in suit schedule property, in view of the relinquishment agreement dated 31.12.2019 executed by the husband of the plaintiff in favour of this defendant. Hence this counter claim. (7) The cause of action for this counter claim arose on 31.12.2019 the date execution of the relinquishment agreement by the husband of the plaintiff in favour of this defendant, at Kurnool, within the territorial and pecuniary jurisdiction of this Hon’ble Court, and hence this Hon’ble Court has jurisdiction to entertain this claim. (8) This counter claim is valued at Rs.18,00,000/-, being the consideration received under the impugned relinquishment agreement, and a Court fees of Rs._____/- is payable and is paid under Section 24 (d) of A.P. Court Fees and Suits Valuation Act. 3 C.R.P.No.2346 of 2025 (9) Particulars of Counter claim:- Consideration mentioned in the agreement Rs.18,00,000-00 Total Rs.18,00,000-00 (II) Delete the last unnumbered para and substitute with the following: It is therefore prayed that this Hon’ble Court may be pleased to pass decree and judgment in his favour and against the plaintiff: (a) Dismissing the above suit, with exemplary costs of Rs.30,000/- payable by the plaintiff, to this defendant; (b) Declaring that the plaintiff is not entitled to any share in the suit schedule property, in view of the execution of the relinquishment agreement dated 31.12.2019 by the husband of the plaintiff, in favour of the defendant; (c) Granting costs of this counter claim; and granting such other and further reliefs, this Hon’ble Court deems suit and proper, in the circumstances of case.” 02. The respondent / plaintiff filed a suit for partition. The petitioners / defendants filed a written statement contending that after purchase of the suit schedule property, the brother of the defendant No.1, who is the husband of the plaintiff, had demanded and collected Rs.18,00,000/- from the defendant No.1 in the presence of mediators B.Sreeramulu and C. Bheemesh Goud, towards the cost of his half share in the schedule property on 31.12.2019; and that the husband of the plaintiff had executed a relinquishment agreement dated 31.12.2019 in favour of the defendant No.1, relinquishing his half share in the schedule 4 C.R.P.No.2346 of 2025 property and therefore, the plaintiff is not entitled to his share and the suit is liable to be dismissed. 03. Pending the suit, both the defendants filed a petition seeking the above mentioned amendments stating that they are necessary as they were advised by their counsel that they ought to have taken as counter claim in the written statement incorporating the above said reliefs mentioned in the proposed amendments. The suit is, now, at the stage of commencement of evidence of the defendants. The petition was opposed by filing a counter of the respondent / plaintiff denying the pleadings. After hearing both the sides, the trial Court dismissed the petition observing that in spite of posting the suit as a final step for leading their evidence, the petition had been filed, that too, long after filing of the written statement and the commencement of the trial i.e., at the stage of evidence of the defendants; and that it is barred by limitation and the counter claim cannot be received. Aggrieved by the order, this revision petition was filed. 04. Heard the learned counsel for the petitioners. 05. As can be seen from the pleadings in the written statement and the proposed amendments, this Court is of the opinion that there is no need to seek any reliefs which are sought in the proposed amendments by way of counter claim, because the same pleadings were taken in the written statement opposing the suit claim and they are enough to defend a suit in the absence of the proposed reliefs by way of counter claim. In a suit for partition, the defendant’s pleading is not required to be in the form of a counter claim as is now sought in the proposed amendments. The petitioners are not seeking enforcement of relinquishment agreement by way of counter claim, but, they are just defense against the suit claim. The trial Court ought to have examined the scope of counter claim sought. However, it was not discussed. Since there is no need to allow the counter claim, this Court does not 5 C.R.P.No.2346 of 2025 want to go into the question of limitation. This Court does not see any merit to meddle with the result in the order dismissing the petition. 06. As such, in the result, the civil revision petition is dismissed without prejudice to the rights and contentions of the petitioners with regard to defense in the suit on the same grounds, but, not as counter claim. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated: 23.09.2025 NSM 6 C.R.P.No.2346 of 2025 1 The Honourable Ms. Justice B.S.Bhanumathi Civil Revision Petition No: 2346 of 2025 Date: 23.09.2025 NSM